12 July 2023 - Regulatory Program Workshop September 21, 2023 

The Galveston District Regulatory Division is hosting a Regulatory Program Workshop on September 21, 2023 from 8:30 am to 4:30 pm.  Doors will open at 8 am.  The Workshop is open to the public, but to attend, you will need to submit an RSVP.  Seating is limited to 240 individuals.  An opportunity to RSVP will be forthcoming.  

6 July 2023 - Download the new version 2.0.0 of the Antecedent Precipitation Tool (APT) 

This new version of the APT contains additional functionalities, to include the incorporation of a newly developed gridded daily precipitation dataset from the National Oceanic and Atmospheric Administration, National Centers for Environmental Information.  USACE is also announcing the release of a new user guide for APT 2.0.0.  More information can be found by scrolling down to the APT section on this webpage HERE.  

27 June 2023 - UPDATE Supreme Court Ruling in Sackett v Environmental Protection Agency 

The Environmental Protection Agency and the U.S. Department of the Army (agencies) are in receipt of the U.S. Supreme Court's May 25, 2023, decision in the case of Sackett v. Environmental Protection Agency. In light of this decision, the agencies are interpreting the phrase “waters of the United States” consistent with the Supreme Court’s decision in Sackett. The agencies are developing a rule to amend the final "Revised Definition of 'Waters of the United States'" rule, published in the Federal Register on January 18, 2023, consistent with the U.S. Supreme Court’s May 25, 2023 decision in the case of Sackett v. Environmental Protection Agency. The agencies intend to issue a final rule by September 1, 2023.

20 June 2023 - Special Public Notice SWG-2016-01027 Dow Chemical Company Harris Reservoir Expansion Project Final Environmental Impact Statement (EIS)

The notice of availability for the Dow Chemical Company Harris Reservoir Expansion Project Final Environmental Impact Statement (EIS) was published by the Corps in the Federal Register on June 16, 2023. The Corps will execute a final decision regarding the proposed action and complete a Record of Decision no sooner than 30 days (July 17, 2023) following publication of the Notice of Availability of the Final EIS. The Final EIS is available for public review beginning on June 16, 2023. The Final EIS is accessible at the Corps’ Project webpage. 

Comments may be submitted during the entire 30-day review period and will be reviewed and incorporated into the administrative record prior to the Corps’ finalization of the procedure.

26 May 2023 - Supreme Court Ruling in Sackett v. Environmental Protection Agency 

The U.S. Environmental Protection Agency and U.S. Army Corps of Engineers (the agencies) are in receipt of the U.S. Supreme Court’s May 25, 2023 decision in the case of Sackett v. Environmental Protection Agency. In light of this decision, the agencies will interpret the phrase “waters of the United States” consistent with the Supreme Court’s decision in Sackett. The agencies continue to review the decision to determine next steps.

12 May 2023 - Definition of "Waters of the United States": Rule Status and Litigation Update 

On December 30, 2022, the Environmental Protection Agency and the U.S. Department of the Army ("the agencies") announced the final "Revised Definition of 'Waters of the United States'" rule. On January 18, 2023, the rule was published in the Federal Register, and the rule took effect on March 20, 2023. However, as a result of ongoing litigation, the agencies are interpreting "waters of the United States" consistent with the pre-2015 regulatory regime in 27 States until further notice. See note below. The agencies developed the 2023 Rule with consideration of the relevant provisions of the Clean Water Act and the statute as a whole, relevant Supreme Court case law, and the agencies’ technical expertise after more than 45 years of implementing the longstanding pre-2015 “waters of the United States” framework. This rule also considers the best available science and extensive public comment to establish a definition of “waters of the United States” that supports public health, environmental protection, agricultural activity, and economic growth. More information about the final rule is available here.

On March 19, 2023, a district court judge for the Southern District of Texas issued an order preliminarily enjoining in Idaho and Texas the 2023 Rule issued by EPA and the Department of the Army defining “waters of the United States.” On April 12, 2023, a district court judge in North Dakota issued an order preliminarily enjoining in 24 States the 2023 rule issued by EPA and the Department of the Army defining “waters of the United States.” These States include Alabama, Alaska, Arkansas, Florida, Georgia, Iowa, Indiana, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, Virginia, West Virginia, and Wyoming.  

Note: On May 10, 2023, the U.S. Court of Appeals for the Sixth Circuit issued an order granting the motions of Kentucky and plaintiffs-appellants for an injunction pending appeal of the district court's decision. Commonwealth of Kentucky v. EPA (No. 23-5343) and Kentucky Chamber of Commerce, et al. v. EPA (No. 23-5345). In light of this injunction, the agencies will interpret "waters of the United States" consistent with the pre-2015 regulatory regime in Kentucky and for the plaintiff-appellants and their members in this litigation (Kentucky Chamber of Commerce, U.S. Chamber of Commerce, Associated General Contractors of Kentucky, Home Builders Association of Kentucky, Portland Cement Association, and Georgia Chamber of Commerce) until further notice.

The agencies are reviewing these decisions and their options. The agencies continue to believe the rule, which is informed by the text of the relevant provisions of the Clean Water Act and the statute as a whole, as well as the scientific record, relevant Supreme Court case law, input from public comment, and the agencies’ experience and technical expertise after more than 45 years of implementing the longstanding pre-2015 regulations defining "waters of the United States," is the best interpretation of the Clean Water Act.

The agencies remain committed to establishing and implementing a durable definition of “waters of the United States” informed by diverse perspectives. Our goal is to protect public health, the environment, and downstream communities while supporting economic opportunity, agriculture, and industries that depend on clean water.

If a state, Tribe, or an entity has specific questions about a pending jurisdictional determination or permit, please contact a local U.S. Army Corps of Engineers District office or the EPA.

EPA is providing the below map for informational purposes only to illustrate which definition of “waters of the United States” is generally operative in each state across the country as a result of litigation, and it cannot be relied on for specific determinations or other legal purposes. As the litigation continues, EPA will update the map, when possible, to reflect the most current information that is made available to the EPA and the Army.          

12 April 2023 - Joint Public Notice: US Army Corps of Engineers and US Environmental Protection Agency Notice of Availability of the Beta Streamflow Duration Assessment Methods for the Northeast and Southeast

The U.S. Army Corps of Engineers (Corps) Baltimore, Buffalo, Charleston, Chicago, Detroit, Fort Worth, Galveston, Huntington, Jacksonville, Kansas City, Little Rock, Louisville, Memphis, Mobile, Nashville, New England, New Orleans, New York, Norfolk, Philadelphia, Pittsburgh, Savannah, St. Louis, Tulsa, Vicksburg, and Wilmington Districts, and the U.S. Environmental Protection Agency (EPA), Regions 1, 2, 3, 4, 5, 6, and 7 jointly announce the availability of the Beta Streamflow Duration Assessment Methods (SDAM) for the Northeast and Southeast (dated April 12, 2023). The methods are rapid assessment tools to help distinguish between ephemeral, intermittent, and perennial streamflow at the reach scale for the Northeast and Southeast SDAM Regions. The beta SDAMs may help provide technical guidance for identifying waters that may be subject to regulatory jurisdiction under Section 404 of the Clean Water Act; however, these methods do not alter or change the definition of “Waters of the U.S.”

These beta SDAMs were developed for use in all or part of the states of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New Jersey, Delaware, Maryland, New York, Pennsylvania, West Virginia, Virginia, North Carolina, South Carolina, Georgia, Florida, Louisiana, Alabama, Tennessee, Kentucky, Ohio, Indiana, Arkansas, Kansas, Illinois, Michigan, Missouri, Mississippi, Oklahoma, Texas, and the District of Columbia by the Corps and EPA. Due to differences in climate and a relatively small amount of data points, the Caribbean sites were not used to develop this iteration of the SDAM, nor is the Caribbean covered by the methods. These beta methods result from a literature review and multi-year field study conducted at 336 stream reaches across the range of hydrologic landscapes of the Northeast and Southeast. Developed through statistical analyses of the field data, the beta SDAMs provide a data-driven approach using reliable indicators to determine streamflow duration class at the reach scale. The agencies are making these beta SDAMs available for a one year preliminary implementation and comment period to inform the development of final SDAMs for the Northeast and Southeast.   The full text of the Joint Public Notice is available here. 

The method, data forms, and training opportunities are available at: https://www.epa.gov/streamflow-duration-assessment/beta-streamflow-duration-assessment-method-northeast-and-southeast.  For additional information on the development of regional Streamflow Duration Assessment Methods for nationwide coverage, see: https://www.epa.gov/streamflow-duration-assessment.  

20 March 2023- Final Revised Definition of "Waters of the United States" Becomes Effective

On 20 March 2023, the final "Revised Definition of 'Waters of the United States'" rule (the “2023 Rule”) became effective. The 2023 Rule is operative in all U.S. jurisdictions except the states of Idaho and Texas.  The U.S. Department of the Army and U.S. EPA (“the agencies”) final rule establishes a clear and reasonable definition of “waters of the United States” and reduces the uncertainty from constantly changing regulatory definitions that has harmed communities and our nation’s waters.  The agencies developed the 2023 Rule with consideration of the relevant provisions of the Clean Water Act and the statute as a whole, relevant Supreme Court case law, and the agencies’ technical expertise after more than 45 years of implementing the longstanding pre-2015 “waters of the United States” framework. The 2023 Rule also considers the best available science and extensive public comment to establish a definition of “waters of the United States” that supports public health, environmental protection, agricultural activity, and economic growth.

Until further notice, federal Clean Water Act jurisdiction in Idaho and Texas will continue to be determined under the pre-2015 regulatory regime. The pre-2015 regulatory regime refers to the Corps’ 1986 definition of “waters of the United States,” implemented consistent with relevant case law and longstanding practice, as informed by applicable guidance, training, and experience. This includes the 2003 SWANCC and 2008 Rapanos guidance documents.

If a state, tribe, or an entity has specific questions about a pending jurisdictional determination or permit, please contact a local U.S. Army Corps of Engineers District office or EPA at cwaWOTUS@epa.gov.  More information about the final rule is available at: https://www.epa.gov/wotus/revising-definition-waters-united-states.

1 December 2022 - Joint Public Notice: Notice of Availability of the Interim Draft of the National Ordinary High Water Mark Field Delineation Manual for Rivers and Streams

The U.S. Army Corps of Engineers (USACE) and the U.S. Environmental Protection Agency (EPA) jointly announce the availability of the Interim Draft of the National Ordinary High Water Mark Field Delineation Manual for Rivers and Streams (National OHWM Manual) and are soliciting public comments on this Interim Draft. The Interim Draft of the National OHWM Manual does not imply or represent a change to the definition of “ordinary high water mark” (OHWM) or “Waters of the U.S.” nor does it change existing guidance related to the OHWM (e.g., Regulatory Guidance Letter No. 05-05). Instead, the Interim Draft of the National OHWM Manual provides draft technical guidance for identifying aquatic resources that may be subject to regulatory jurisdiction under Section 404 of the Clean Water Act (CWA) and/or Sections 9 and 10 of the Rivers and Harbors Act of 1899 (RHA), by providing a standard process, uniform datasheets, and unified field procedures to identify and delineate the OHWM of rivers and streams located throughout the Nation. The Interim Draft of the National OHWM Manual was developed by the National Technical Committee for OHWM, which includes experts from Federal agencies and academia. The document provides a scientifically based, rapid framework to support OHWM identification and delineation in a consistent, robust, repeatable, and defensible way.

28 September 2022 - Joint Public Notice: US Army Corps of Engineers and US Environmental Protection Agency

Notice of Availability of the Beta Streamflow Duration Assessment Method for the Great Plains

The U.S. Army Corps of Engineers (Corps) Albuquerque, Chicago, Detroit, Fort Worth, Galveston, Kansas City, Omaha, Rock Island, St. Louis, St. Paul, and Tulsa Districts, and the U.S. Environmental Protection Agency (EPA), Regions 5, 6, 7, and 8, jointly announce the availability of the Beta Streamflow Duration Assessment Method (SDAM) for the Great Plains (dated September 2022). The method is a rapid assessment tool to help distinguish between ephemeral, intermittent, and perennial streamflow at the reach scale for the Northern and Southern Great Plains SDAM Regions. The beta SDAM may help provide technical guidance for identifying waters that may be subject to regulatory jurisdiction under Section 404 of the Clean Water Act; however, this method does not alter or change the definition of “Waters of the U.S.” 

The beta SDAM was developed for use in all or part of the states of Colorado, Illinois, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, New Mexico, North Dakota, Oklahoma, South Dakota, Texas, Wisconsin, and Wyoming by the Corps and EPA.  The full text of the Joint Public Notice is available here. 

5 August 2022 - Credit Card Payments for USACE Regulatory Permits with Pay.gov

We are now able to accept credit card payments for USACE Regulatory Permits.  Customers can log in at www.pay.gov and pay the $10 or $100 Regulatory permit fees without having to write and mail a check.  NOTE: Please verify with your Corps Regulatory project manager whether an Individual Permit fee is required for your project.  Instructions for paying an Individual Permit Fee using pay.gov can be found here.  

Historical Regulatory Hot Topics

Important Information on the Department of the Army Permitting Process and use of Nationwide Permits in the San Jacinto Waste Pits

Updated Jurisdictional Delineation GPS Procedures

To improve the customer service experience, the Regulatory Division has now established a Regulatory Hotline at 409-766-3869

Dear Applicant,

Many proposed activities located near waters of the United States, including wetland areas, require a signed Department of the Army permit prior to the initiation of the project. To facilitate obtaining the necessary pemit, an application form and instruction sheets, with sample project plans, are found below. These materials outline the required submittals to our office and are provided for your use.

We have also included information regarding state approval of your proposal. Please note that the State of Texas has separate requirements for "structures" placed on or over submerged public lands. Should you have any questions regarding these requirements, please contact the appropriate state office directly.

The Regulatory Program has been established to protect the water resources of the United States. While considering your application for a permit, we will evaluate the probable impact of your proposed activity on the public interest, weighing the expected benefits that might be expected to accrue against reasonably foreseeable detriments. Concise project plans will certainly assists us in this evaluation. We also request, and consider, the views of other agencies, such as the Environmental Protection Agency, the National Marine Fisheries Service, the U.S. Fish and Wildlife Service, the Texas Parks and Wildlife Department, the Texas General Land Office and the Texas Commission on Environmental Quality.

The foundations for this program are laws passed by Congress, principally Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act, as amended. Within the framework of the applicable laws, it is our intention to make this program as responsive to the desires and needs of the public as possible.

To this end, we stand ready to assist you with our program in any way we can. Please do not hesitate to call the Regulatory Branch at 409-766-3869. To assist us in improving our service to you, please complete the customer service survey.

Sincerely,

Nicholas Laskowski, P.G.
Chief, Regulatory Division